Pub Date : 2023-06-01DOI: 10.1177/13882627231184705
None Abhishek
{"title":"Book Review: <i>The World Politics of Social Investment: Volume 1 & Volume 2</i> by Julian L. Garritzmann, Silja Häusermann, and Bruno Palier (eds.)<i>The World Politics of Social Investment, Volume II: The Politics of Varying Social Investment Strategies</i> by Julian L. Garritzmann, Silja Häusermann and Bruno Palier (eds.)","authors":"None Abhishek","doi":"10.1177/13882627231184705","DOIUrl":"https://doi.org/10.1177/13882627231184705","url":null,"abstract":"","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135046358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1177/13882627231175566
Tanja Klenk, Renate Reiter
‘Social investment’ as an idea to justify social policy reforms has become more and more accepted in recent years and has decisively shaped agenda setting and policy formulation in European welfare states. The effectiveness of this new welfare state model, however, depends highly on the capacity to provide social services. Social services – job training, counselling and support for care work – are a key component of the social investment model. Drawing on the policy capacity approach, the article provides an analytical framework to study the ‘operational core’ of the social investment state. This implementation perspective allows us to assess whether governance actors actually have the resources to fulfil the social investment idea of enhancing citizens’ freedom to act. Empirically, the article concentrates on two selected European welfare states, Germany and France, countries with similar welfare systems but very different politico-administrative systems, and on two fields of social service provision that are addressed differently in the social investment debate: early childhood education and care (ECEC) and elderly care. Empirically, we use systematic content analysis to intensively study policy documents and secondary analyses. We show that both countries (still) lack policy capacities in these two sectors as a basis for resilient implementation of the social investment paradigm.
{"title":"Social services as critical infrastructure – conceptualising and studying the operational core of the social investment state","authors":"Tanja Klenk, Renate Reiter","doi":"10.1177/13882627231175566","DOIUrl":"https://doi.org/10.1177/13882627231175566","url":null,"abstract":"‘Social investment’ as an idea to justify social policy reforms has become more and more accepted in recent years and has decisively shaped agenda setting and policy formulation in European welfare states. The effectiveness of this new welfare state model, however, depends highly on the capacity to provide social services. Social services – job training, counselling and support for care work – are a key component of the social investment model. Drawing on the policy capacity approach, the article provides an analytical framework to study the ‘operational core’ of the social investment state. This implementation perspective allows us to assess whether governance actors actually have the resources to fulfil the social investment idea of enhancing citizens’ freedom to act. Empirically, the article concentrates on two selected European welfare states, Germany and France, countries with similar welfare systems but very different politico-administrative systems, and on two fields of social service provision that are addressed differently in the social investment debate: early childhood education and care (ECEC) and elderly care. Empirically, we use systematic content analysis to intensively study policy documents and secondary analyses. We show that both countries (still) lack policy capacities in these two sectors as a basis for resilient implementation of the social investment paradigm.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"115 - 138"},"PeriodicalIF":0.7,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47738726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1177/13882627231190049
Tanja Klenk, Renate Reiter
This Special Issue focuses on social services as the critical infrastructure of the social investment model of the welfare state. It addresses social services as a research topic that is still underexposed in comparative welfare state research and examines this topic with a systematising intention in a broad European comparative and methodologically diverse perspective. It brings together different strands of scholarly discussion that have hitherto been poorly connected – social services, critical infrastructure, social investment and the welfare state's capacity to strengthen social resilience through providing social services. The authors of the Special Issue undertake a critical examination of the development of the capacities to implement social service policies in different European welfare states and different service sectors over the last two decades. Taken together, the articles illustrate that – in practice and in contrast to the expectations of academic proponents of the social investment paradigm – there is (still) a bias towards investing, in particular, in those services which are anticipated as having significant economic and social ‘pay offs’ (e.g. early childhood education and care). Furthermore, the articles identify implementation challenges that pose severe obstacles to the realisation of the social investment model.
{"title":"Introduction to the Special Issue on social services as critical infrastructure: Taking stock of the promises of the social investment state","authors":"Tanja Klenk, Renate Reiter","doi":"10.1177/13882627231190049","DOIUrl":"https://doi.org/10.1177/13882627231190049","url":null,"abstract":"This Special Issue focuses on social services as the critical infrastructure of the social investment model of the welfare state. It addresses social services as a research topic that is still underexposed in comparative welfare state research and examines this topic with a systematising intention in a broad European comparative and methodologically diverse perspective. It brings together different strands of scholarly discussion that have hitherto been poorly connected – social services, critical infrastructure, social investment and the welfare state's capacity to strengthen social resilience through providing social services. The authors of the Special Issue undertake a critical examination of the development of the capacities to implement social service policies in different European welfare states and different service sectors over the last two decades. Taken together, the articles illustrate that – in practice and in contrast to the expectations of academic proponents of the social investment paradigm – there is (still) a bias towards investing, in particular, in those services which are anticipated as having significant economic and social ‘pay offs’ (e.g. early childhood education and care). Furthermore, the articles identify implementation challenges that pose severe obstacles to the realisation of the social investment model.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"107 - 114"},"PeriodicalIF":0.7,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49001724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1177/13882627231188671
Caspar Lückenbach, Verena Biehl, T. Gerlinger
Prevention and health promotion are important areas of welfare state activity and can be considered parts of the critical infrastructure. They have been considerably expanded in Western welfare states in recent years. In the health insurance states of Germany, Switzerland and Austria, new forms of organisation have emerged. The article describes the evolution and status quo of the organisation of prevention and health promotion in the three countries and explores the legitimisation patterns for the chosen institutional forms. To this end, health reforms, debates and statements of key stakeholders are analysed. A distinction is made between ‘normative’ legitimisation patterns and ‘functional’ ones that indicate a ‘social investment’ strategy. In Germany, the 2015 Prevention Act created an institutional structure in which the actors involved cooperate closely. It also gives the health insurance funds a prominent role. In Switzerland, the cantons are responsible for prevention and health promotion; at federal level the main bodies are the Federal Office of Public Health (BAG) and the Swiss Foundation for Health Promotion (Gesundheitsförderung Schweiz). In Austria, the Länder are largely responsible, but the federal level gained importance by establishing Gesundes Österreich GmbH and strengthening coordination. While the term ‘social investment’ is not encountered in the debates and documents analysed, many arguments commonly associated with it are increasingly used in the context of prevention and health promotion. In contrast, normative justifications seem to be losing importance.
预防和促进健康是福利国家活动的重要领域，可被视为关键基础设施的组成部分。近年来，在西方福利国家，这一比例已大幅扩大。在德国、瑞士和奥地利的医疗保险国家，出现了新的组织形式。本文描述了这三个国家预防和健康促进组织的演变和现状，并探讨了所选择的机构形式的合法化模式。为此目的，对卫生改革、辩论和主要利益攸关方的发言进行了分析。在“规范性”合法化模式和“功能性”模式之间进行了区分，后者表明了一种“社会投资”战略。在德国，2015年的《预防法》(Prevention Act)创造了一种制度结构，在这种结构中，相关行为体密切合作。它还使健康保险基金发挥突出作用。在瑞士，各州负责预防和促进健康;在联邦一级，主要机构是联邦公共卫生局(BAG)和瑞士健康促进基金会(Gesundheitsförderung Schweiz)。在奥地利，Länder主要负责，但联邦一级通过建立Gesundes Österreich GmbH和加强协调而变得重要。虽然在所分析的辩论和文件中没有遇到“社会投资”一词，但通常与之相关的许多论点越来越多地用于预防和促进健康。相比之下，规范性的理由似乎正在失去重要性。
{"title":"Establishing social services for health promotion in health insurance states: Germany, Switzerland and Austria compared","authors":"Caspar Lückenbach, Verena Biehl, T. Gerlinger","doi":"10.1177/13882627231188671","DOIUrl":"https://doi.org/10.1177/13882627231188671","url":null,"abstract":"Prevention and health promotion are important areas of welfare state activity and can be considered parts of the critical infrastructure. They have been considerably expanded in Western welfare states in recent years. In the health insurance states of Germany, Switzerland and Austria, new forms of organisation have emerged. The article describes the evolution and status quo of the organisation of prevention and health promotion in the three countries and explores the legitimisation patterns for the chosen institutional forms. To this end, health reforms, debates and statements of key stakeholders are analysed. A distinction is made between ‘normative’ legitimisation patterns and ‘functional’ ones that indicate a ‘social investment’ strategy. In Germany, the 2015 Prevention Act created an institutional structure in which the actors involved cooperate closely. It also gives the health insurance funds a prominent role. In Switzerland, the cantons are responsible for prevention and health promotion; at federal level the main bodies are the Federal Office of Public Health (BAG) and the Swiss Foundation for Health Promotion (Gesundheitsförderung Schweiz). In Austria, the Länder are largely responsible, but the federal level gained importance by establishing Gesundes Österreich GmbH and strengthening coordination. While the term ‘social investment’ is not encountered in the debates and documents analysed, many arguments commonly associated with it are increasingly used in the context of prevention and health promotion. In contrast, normative justifications seem to be losing importance.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"217 - 237"},"PeriodicalIF":0.7,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43005513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-22DOI: 10.1177/13882627231176134
Franca van Hooren, C. Ledoux
This article investigates the extent to which a social investment paradigm has guided policy reforms in long-term care for the elderly in France and the Netherlands and how this relates to the resilience of the sector during the Covid-19 pandemic. It conceptualizes the theoretical impact of social investment on long-term care policy and analyzes its use to justify reforms since the early 2000s. It concludes that social investment has not played any role in Dutch long-term care reforms and a moderate role in France. Meanwhile, in both countries a neoliberal emphasis on the efficiency of the market has contributed to a rise in for-profit service provision and fragmentation of the long-term care sector. While long-term care provision in both countries proved relatively resilient in the first phase of the pandemic, at a later stage its resilience was undermined by fragmentation and marketization, limiting the government's ability to respond adequately to new challenges and, crucially, to improve working conditions in the sector. The article concludes that a social investment approach cannot resolve these problems and that there is a need for a new paradigm that acknowledges the inherent value of care work and prioritizes the long-term sustainability of care provision.
{"title":"The limits of social investment and the resilience of long-term care","authors":"Franca van Hooren, C. Ledoux","doi":"10.1177/13882627231176134","DOIUrl":"https://doi.org/10.1177/13882627231176134","url":null,"abstract":"This article investigates the extent to which a social investment paradigm has guided policy reforms in long-term care for the elderly in France and the Netherlands and how this relates to the resilience of the sector during the Covid-19 pandemic. It conceptualizes the theoretical impact of social investment on long-term care policy and analyzes its use to justify reforms since the early 2000s. It concludes that social investment has not played any role in Dutch long-term care reforms and a moderate role in France. Meanwhile, in both countries a neoliberal emphasis on the efficiency of the market has contributed to a rise in for-profit service provision and fragmentation of the long-term care sector. While long-term care provision in both countries proved relatively resilient in the first phase of the pandemic, at a later stage its resilience was undermined by fragmentation and marketization, limiting the government's ability to respond adequately to new challenges and, crucially, to improve working conditions in the sector. The article concludes that a social investment approach cannot resolve these problems and that there is a need for a new paradigm that acknowledges the inherent value of care work and prioritizes the long-term sustainability of care provision.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"196 - 216"},"PeriodicalIF":0.7,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46321295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-16DOI: 10.1177/13882627231169266
A. Lippi, Andrea Terlizzi
This article analyses the potential implications of the COVID-19 pandemic for the infrastructure of social services in Italy and Spain. Drawing from the policy capacity framework and focusing on childcare and elderly care, we investigate how the National Recovery and Resilience Plans are likely to impact the core functions of the social investment approach. Through document analysis, the article shows that, whereas the infrastructure of the social service system remains characterised by a ‘marble cake’ type of institutional arrangement combining national and subnational responsibilities, attempts have been made by the central governments to steer the social investment policy capacity at the organisational and systemic levels. We argue that the pandemic represents a window of opportunity to rethink the overall system of intergovernmental relations in the field of social services.
{"title":"The marble cake of social services in Italy and Spain: Policy capacity, social investment, and the national recovery and resilience plans","authors":"A. Lippi, Andrea Terlizzi","doi":"10.1177/13882627231169266","DOIUrl":"https://doi.org/10.1177/13882627231169266","url":null,"abstract":"This article analyses the potential implications of the COVID-19 pandemic for the infrastructure of social services in Italy and Spain. Drawing from the policy capacity framework and focusing on childcare and elderly care, we investigate how the National Recovery and Resilience Plans are likely to impact the core functions of the social investment approach. Through document analysis, the article shows that, whereas the infrastructure of the social service system remains characterised by a ‘marble cake’ type of institutional arrangement combining national and subnational responsibilities, attempts have been made by the central governments to steer the social investment policy capacity at the organisational and systemic levels. We argue that the pandemic represents a window of opportunity to rethink the overall system of intergovernmental relations in the field of social services.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"589 ","pages":"178 - 195"},"PeriodicalIF":0.7,"publicationDate":"2023-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41315229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-01DOI: 10.1177/13882627231161988
María Dalli Almiñana
Labour Authority established in 2019, and the Commission’s proposal for a minimum wage Directive of October 2020 are discussed. Furthermore, the new edition manages to add an overview chapter on competition law and labour law, and a chapter on General Data Protection Regulation, since the Data Protection Directive was missing from the previous edition. Considering the size of the volume, it is impossible to delve further content-wise. It can be stated, however, that the volume is true to its title, i.e., the author and his assistants have done a remarkable systematic exposition of European employment law. Although, as a systematic exposition, the book is mostly descriptive, in this reviewer’s opinion, it is excellently written, not only linguistically, but sufficiently condensed and sticking to the essential necessary details, successfully avoiding an inflated information overkill. There are no noteworthy shortcomings of the book. The book is written in an understandable manner and is very informative. The relevant legal Acts and their intertwinement are clearly outlined, showing the historical development(s), various theoretical positions and the adopted case law. The individual chapters are logically laid out, with several sub-sections and points. The paragraphs are numerically marked and enable the ease of referencing. Moreover, the more important parts of the text are in bold, allowing the readers to pinpoint to a certain issue much more time-efficiently. Overall, the volume has an extraordinary amount of references, especially from scholarship (albeit predominantly in German). If one were to seek further information on a specific issue, it would be extremely difficult to find a body of work more detailed than the current volume, the same being true likewise for the referenced CJEU case law and its development. However, readers should not expect to find any didactic material in the volume, for instance, cases that students could try to solve. In this reviewer’s opinion, the book is an indispensable tool and a must have and most definitely recommended for everyone who is dealing with European employment law (in practice) or is interested in it. This most likely relates to (advanced) students, academics or practitioners in particular, and applies not only to those who do not yet have the reviewed volume, but also to those who possess the previous (first) edition. The current volume is much larger and contains nearly a decade of added information developments. Due to the never-ending developments in EU law, where employment law is no exception, and considering that the content of the volume dates until March 2021, it is signalled in the series’ preface that a third edition is foreseen. Hopefully, it will be welcomed slightly sooner than a decade from now. With this in mind, the present volume will prove to be most useful until then.
{"title":"Book Review: Health and Human Rights by Brigit Toebes, et al.","authors":"María Dalli Almiñana","doi":"10.1177/13882627231161988","DOIUrl":"https://doi.org/10.1177/13882627231161988","url":null,"abstract":"Labour Authority established in 2019, and the Commission’s proposal for a minimum wage Directive of October 2020 are discussed. Furthermore, the new edition manages to add an overview chapter on competition law and labour law, and a chapter on General Data Protection Regulation, since the Data Protection Directive was missing from the previous edition. Considering the size of the volume, it is impossible to delve further content-wise. It can be stated, however, that the volume is true to its title, i.e., the author and his assistants have done a remarkable systematic exposition of European employment law. Although, as a systematic exposition, the book is mostly descriptive, in this reviewer’s opinion, it is excellently written, not only linguistically, but sufficiently condensed and sticking to the essential necessary details, successfully avoiding an inflated information overkill. There are no noteworthy shortcomings of the book. The book is written in an understandable manner and is very informative. The relevant legal Acts and their intertwinement are clearly outlined, showing the historical development(s), various theoretical positions and the adopted case law. The individual chapters are logically laid out, with several sub-sections and points. The paragraphs are numerically marked and enable the ease of referencing. Moreover, the more important parts of the text are in bold, allowing the readers to pinpoint to a certain issue much more time-efficiently. Overall, the volume has an extraordinary amount of references, especially from scholarship (albeit predominantly in German). If one were to seek further information on a specific issue, it would be extremely difficult to find a body of work more detailed than the current volume, the same being true likewise for the referenced CJEU case law and its development. However, readers should not expect to find any didactic material in the volume, for instance, cases that students could try to solve. In this reviewer’s opinion, the book is an indispensable tool and a must have and most definitely recommended for everyone who is dealing with European employment law (in practice) or is interested in it. This most likely relates to (advanced) students, academics or practitioners in particular, and applies not only to those who do not yet have the reviewed volume, but also to those who possess the previous (first) edition. The current volume is much larger and contains nearly a decade of added information developments. Due to the never-ending developments in EU law, where employment law is no exception, and considering that the content of the volume dates until March 2021, it is signalled in the series’ preface that a third edition is foreseen. Hopefully, it will be welcomed slightly sooner than a decade from now. With this in mind, the present volume will prove to be most useful until then.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"96 - 98"},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41573028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-01DOI: 10.1177/13882627231170856
Panayiotis Elia, S. Bekker
In response to the labour market effects of the COVID-19 pandemic, the European Union (EU) implemented ‘Temporary Support to mitigate Unemployment Risks in an Emergency’ (SURE). This instrument enables loans to be made under favourable conditions from the EU to affected Member States, covering part of their costs for national short-time work (STW) schemes or similar policies. In essence, STW prevents unemployment by helping employers to temporarily reduce the working hours of their personnel, while providing these employees with income support from the state for the hours not worked. During the COVID-19 crisis, non-standard workers in particular experienced job loss or a reduction of working hours, while often having inadequate access to social security. This article assesses the inclusiveness of SURE in terms of providing, via national STW, support to all workers. Firstly, it explores the options provided by the SURE Regulation to finance STW schemes which also cover non-standard workers. Secondly, it gives an EU-wide overview of which schemes and which types of workers have been supported. Thirdly, the paper analyses in detail how three Member States – Belgium, Cyprus and Poland – have used SURE to support non-standard and self-employed workers. The article adds to the currently scarce analyses on how SURE is used by countries with various STW systems. Moreover, it shows whether SURE may fit the growing EU focus on providing access to social security for all types of workers irrespective of their employment relationship, as for instance codified in the EU Pillar of Social Rights.
{"title":"SURE: EU support to national short-term working schemes and its openness to non-standard workers","authors":"Panayiotis Elia, S. Bekker","doi":"10.1177/13882627231170856","DOIUrl":"https://doi.org/10.1177/13882627231170856","url":null,"abstract":"In response to the labour market effects of the COVID-19 pandemic, the European Union (EU) implemented ‘Temporary Support to mitigate Unemployment Risks in an Emergency’ (SURE). This instrument enables loans to be made under favourable conditions from the EU to affected Member States, covering part of their costs for national short-time work (STW) schemes or similar policies. In essence, STW prevents unemployment by helping employers to temporarily reduce the working hours of their personnel, while providing these employees with income support from the state for the hours not worked. During the COVID-19 crisis, non-standard workers in particular experienced job loss or a reduction of working hours, while often having inadequate access to social security. This article assesses the inclusiveness of SURE in terms of providing, via national STW, support to all workers. Firstly, it explores the options provided by the SURE Regulation to finance STW schemes which also cover non-standard workers. Secondly, it gives an EU-wide overview of which schemes and which types of workers have been supported. Thirdly, the paper analyses in detail how three Member States – Belgium, Cyprus and Poland – have used SURE to support non-standard and self-employed workers. The article adds to the currently scarce analyses on how SURE is used by countries with various STW systems. Moreover, it shows whether SURE may fit the growing EU focus on providing access to social security for all types of workers irrespective of their employment relationship, as for instance codified in the EU Pillar of Social Rights.","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"41 - 59"},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41477227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-01DOI: 10.1177/13882627231167312
Primož Rataj
European Employment Law: A Systematic Exposition is volume 4 of the Ius Communitatis series, a well-known series that covers the most important topics in the ‘Europeanisation’ of law, such as European Union (EU) company, consumer, migration, criminal, social security and also employment law. The present volume, first published in 2012, represents a timely revised second edition after nearly a decade. The author of this remarkable volume is Karl Riesenhuber, Professor of several fields of law at Ruhr-Universität Bochum, Germany, who managed to compile it with the support of his (research and study) assistants. It needs to be stressed that the volume does not concern, and is demarcated from, comparative employment law of EU Member States. Instead it relates to EU primary law and many sources in secondary legislation, as well as the growing body of case law of the Court of Justice of the EU. The volume is structured so as to provide the relevant European complement to a traditional legal area, one of the cornerstones of national legal systems that is quite substantially influenced by European law. It covers the complete scope of European employment law up to March 2021 and is divided into five thematic parts, namely, foundations, conflict of laws, protection of personality rights, and the largest parts concerning individual and collective employment law. Parts on protection of personality rights and individual employment law are further divided into several chapters, the former into chapters on anti-discrimination law and data protection, and the latter into chapters concerning employment conditions, workers’ safety and health, atypical forms of employment, protection of specific groups of workers and employee protection in business restructuring and insolvency. For those who already know the first edition of the book, the revised second edition has, therefore, retained the basic structure of the entire work and has remained largely unchanged along with the structure of most of the chapters. Nevertheless, the new edition is nearly 200 pages longer with additions almost throughout, especially due to the new developments in CJEU case law and (legal) scholarship, such as journals, commentaries and handbooks as well as numerous monographs and articles on individual topics. The sheer size difference also reflects the inclusion of novelties due to legislative changes in the past decade. The (new) second edition takes account of the 2018 reform of the Posting of Workers Directive, the further development of the Written Statement Directive into the Transparency Directive, the new Whistleblower Directive, and the further developed Parental and Carers’ Leave Directive (all from 2019). Moreover, the Company Law Directive as Book Reviews
{"title":"Book Review: European Employment Law: A Systematic Exposition by Riesenhuber, Karl","authors":"Primož Rataj","doi":"10.1177/13882627231167312","DOIUrl":"https://doi.org/10.1177/13882627231167312","url":null,"abstract":"European Employment Law: A Systematic Exposition is volume 4 of the Ius Communitatis series, a well-known series that covers the most important topics in the ‘Europeanisation’ of law, such as European Union (EU) company, consumer, migration, criminal, social security and also employment law. The present volume, first published in 2012, represents a timely revised second edition after nearly a decade. The author of this remarkable volume is Karl Riesenhuber, Professor of several fields of law at Ruhr-Universität Bochum, Germany, who managed to compile it with the support of his (research and study) assistants. It needs to be stressed that the volume does not concern, and is demarcated from, comparative employment law of EU Member States. Instead it relates to EU primary law and many sources in secondary legislation, as well as the growing body of case law of the Court of Justice of the EU. The volume is structured so as to provide the relevant European complement to a traditional legal area, one of the cornerstones of national legal systems that is quite substantially influenced by European law. It covers the complete scope of European employment law up to March 2021 and is divided into five thematic parts, namely, foundations, conflict of laws, protection of personality rights, and the largest parts concerning individual and collective employment law. Parts on protection of personality rights and individual employment law are further divided into several chapters, the former into chapters on anti-discrimination law and data protection, and the latter into chapters concerning employment conditions, workers’ safety and health, atypical forms of employment, protection of specific groups of workers and employee protection in business restructuring and insolvency. For those who already know the first edition of the book, the revised second edition has, therefore, retained the basic structure of the entire work and has remained largely unchanged along with the structure of most of the chapters. Nevertheless, the new edition is nearly 200 pages longer with additions almost throughout, especially due to the new developments in CJEU case law and (legal) scholarship, such as journals, commentaries and handbooks as well as numerous monographs and articles on individual topics. The sheer size difference also reflects the inclusion of novelties due to legislative changes in the past decade. The (new) second edition takes account of the 2018 reform of the Posting of Workers Directive, the further development of the Written Statement Directive into the Transparency Directive, the new Whistleblower Directive, and the further developed Parental and Carers’ Leave Directive (all from 2019). Moreover, the Company Law Directive as Book Reviews","PeriodicalId":44670,"journal":{"name":"European Journal of Social Security","volume":"25 1","pages":"95 - 96"},"PeriodicalIF":0.7,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49577814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-01DOI: 10.1177/13882627231167653
S. Mantu, P. Minderhoud
The legal category under which EU citizens exercise their right to free movement – worker, jobseeker, student or economically inactive - determines access to social rights in the host state and leads to differential inclusion in the welfare state. The right to equal treatment in relation to welfare entitlements has been subject to constant litigation before the European Court of Justice, leading to the refinement of the conditions under which migrant EU citizens can access welfare and the implications of such requests for their right to reside in an EU state. Moreover, while the conditions of access to an EU host state's welfare system are set at the EU level, the delivery of welfare takes place at the national and local levels, making national administrations and bureaucrats important actors in the governance of welfare. The aim of this article is to tease out the relationship between different levels of jurisdiction in the governance of access to the welfare state. We rely on data from 11 Member States in which we monitored the application of the relevant EU legislation and case law during the time frame 2016–2020. The main trends we discern are a growing interdependence between immigration and welfare authorities and a move towards the systematic control of all EU applicants for social assistance in several states. We argue that these developments are facilitated by the turn in the CJEU's jurisprudence that limits entitlement to welfare for economically inactive EU citizens and emphasises conditionality and legal residence as the main axes determining access to the welfare state.
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